Concurrent Ownership

Tenants in Common

Tenants in Common

Default method under modern law

“To A and B”

“To A and B as tenants in common”

No survivorship rights

Joint Tenants

Default method under common law

Survivorship feature

“To A and B as joint tenants”

Note that many states, including Texas, require the survivorship feature to be expressly stated, that is, “To A and B as joint tenants with right of survivorship.”

Joint Tenants – Unities of Title – “T-TIP”

Time

Title

Interest

Possession

Tenancy by the Entirety

Special type of joint tenancy between spouses

“To A and B as tenants by the entireties”

Marital Estates

Arise by operation of law, not because of intent of the parties.

Jure Uxoris

Upon marriage but before birth of child

Husband has a life estate in wife’s property for the life of wife

Curtesy Initiate

Upon birth of first child and while wife is still alive

Husband will have life estate in wife’s property until husband dies

Curtesy Consummate

Upon wife’s death assuming at least one child was born to the marriage

Husband has life estate in wife’s property

Dower

Wife has no lifetime interest in husband’s property

Upon husband’s death, wife receives a life estate in 1/3 of husband’s real property he owned anytime during the marriage

Modern Protection for Surviving Spouse Spouse made an heir

Common law marital property states = forced (elective) share

Community property marital property states = community property

Homestead

In re Estate of Michael

“To H and B, tenants by the entireties, and F and H, tenants by the entireties, with right of survivorship.”

H dies first; then B dies.

What interest, if any, did B own when B died?

In re Estate of Micheal

Courthouse where case

was litigated

Laura v. Christian

Jackson v. O’Connell

A, B, and C held as joint tenants with survivorship right.

A sold A’s interest to B.

B died leaving her interest to 4 nieces.

How much do the nieces receive?

Matter of Estate of Vadney

A conveyed “to A and B.”

A died.

How much does B now own?

Matter of Estate of Vadney

Jones v. Green

Grant provided “to A and B as joint tenants with full rights of survivorship and not as tenants in common.”

May A partition?

Duncan v. Vassaur

Husband and Wife owned property as joint tenants with survivorship rights.

Wife killed Husband.

Wife conveyed her share to her Father.

How much does Father own?